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108th CONGRESS
1st Session
H. R. 1071
To establish the Southwest Regional Border Authority.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
March 4, 2003
Mr. Reyes (for himself, Mr. Rodriguez, Mr. Filner, Mr. Pastor, Mr.
Grijalva, Mr. Udall of New Mexico, Mr. Ortiz, and Mr. Hinojosa)
introduced the following bill; which was referred to the Committee on
Transportation and Infrastructure, and in addition to the Committee on
Financial Services, for a period to be subsequently determined by the
Speaker, in each case for consideration of such provisions as fall
within the jurisdiction of the committee concerned
_______________________________________________________________________
A BILL
To establish the Southwest Regional Border Authority.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Southwest Regional
Border Authority Act''.
(b) Table of Contents.--The table of contents of this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Findings and purposes.
Sec. 3. Definitions.
TITLE I--SOUTHWEST REGIONAL BORDER AUTHORITY
Sec. 101. Membership and voting.
Sec. 102. Duties and powers.
Sec. 103. Authority personnel matters.
TITLE II--GRANTS AND DEVELOPMENT PLANNING
Sec. 201. Infrastructure development and improvement.
Sec. 202. Technology development.
Sec. 203. Community development and entrepreneurship.
Sec. 204. Education and workforce development.
Sec. 205. Funding.
Sec. 206. Supplements to Federal grant programs.
Sec. 207. Demonstration projects.
Sec. 208. Local development districts; certification and administrative
expenses.
Sec. 209. Distressed counties and areas and economically strong
counties.
Sec. 210. Development planning process.
TITLE III--ADMINISTRATION
Sec. 301. Program development criteria.
Sec. 302. Approval of development plans and projects.
Sec. 303. Consent of States.
Sec. 304. Records.
Sec. 305. Annual report.
Sec. 306. Authorization of appropriations.
Sec. 307. Termination of authority.
SEC. 2. FINDINGS AND PURPOSES.
(a) Findings.--Congress finds that--
(1) a rapid increase in population in the Southwest border
region is placing a significant strain on the infrastructure of
the region, including transportation, water and wastewater,
public health, and telecommunications;
(2) 20 percent of the residents of the region have incomes
below the poverty level;
(3) unemployment rates in counties in the region are up to
5 times the national unemployment rate;
(4) per capita personal income in the region is
significantly below the national average and much of the income
in the region is distributed through welfare programs,
retirement programs, and unemployment payments;
(5) a lack of adequate access to capital in the region--
(A) has created economic disparities between
communities in the region and communities outside the
region; and
(B) has made it difficult for businesses to start
up in the region;
(6) it has been difficult for displaced workers in the
region to find employment because many workers--
(A) have limited English language proficiency; and
(B) lack adequate English language and job
training;
(7) many residents of the region live in communities
referred to as ``colonias'' that lack basic necessities,
including running water, sewers, storm drainage, and
electricity;
(8) many of the problems that exist in the region could be
solved or ameliorated by technology that would contribute to
economic development in the region;
(9) while numerous Federal, State, and local programs
target financial resources to the region, those programs are
often uncoordinated, duplicative, and, in some cases,
unavailable to eligible border communities because those
communities cannot afford the required funding match;
(10) Congress has established several regional economic
development commissions, including the Appalachian Regional
Commission, the Delta Regional Authority, and the Denali
Commission, to improve the economies of those areas of the
United States that experience the greatest economic distress;
and
(11) many of the counties in the region are among the most
economically distressed in the United States and would benefit
from a regional economic development commission.
(b) Purposes.--The purposes of this Act are--
(1) to establish a regional economic development authority
for the Southwest Border region to address critical issues
relating to the economic health and well-being of the residents
of the region;
(2) to provide funding to communities in the region to
stimulate and foster infrastructure development, technology
development, community development and entrepreneurship, and
education and workforce development in the region;
(3) to increase the total amount of Federal funding
available for border economic development projects by
coordinating with and reducing duplication of other Federal,
State, and local programs; and
(4) to empower the people of the region through the use of
local development districts and State and regional development
plans that reflect State and local priorities.
SEC. 3. DEFINITIONS.
In this Act, the following definitions apply:
(1) Attainment county.--The term ``attainment county''
means an economically strong county that is not a distressed
county or a competitive county.
(2) Authority.--The term ``Authority'' means the Southwest
Regional Border Authority established by section 101(a)(1).
(3) Binational region.--The term ``binational region''
means the area in the United States and Mexico that is within
150 miles of the international border between the United States
and Mexico.
(4) Business incubator service.--The term ``business
incubator service'' means--
(A) a legal service, including aid in preparing a
corporate charter, partnership agreement, or contract;
(B) a service in support of the protection of
intellectual property through a patent, a trademark, or
any other means;
(C) a service in support of the acquisition or use
of advanced technology, including the use of Internet
services and Web-based services; and
(D) consultation on strategic planning, marketing,
or advertising.
(5) Competitive county.--The term ``competitive county''
means an economically strong county that meets at least 1, but
not all, of the criteria for a distressed county specified in
paragraph (5).
(6) Distressed county.--The term ``distressed county''
means a county in the region that--
(A)(i) has a poverty rate that is at least 150
percent of the poverty rate of the United States;
(ii) has a per capita market income that is not
more than 67 percent of the per capita market income of
the United States; and
(iii) has a 3-year unemployment rate that is at
least 150 percent of the unemployment rate of the
United States; or
(B)(i) has a poverty rate that is at least 200
percent of the poverty rate of the United States; and
(ii)(I) has a per capita market income that is not
more than 67 percent of the per capita market income of
the United States; or
(II) has a 3-year unemployment rate that is at
least 150 percent of the unemployment rate of the
United States.
(7) Economically strong county.--The term ``economically
strong county'' means a county in the region that is not a
distressed county.
(8) Federal grant program.--The term ``Federal grant
program'' means a Federal grant program to provide assistance
in--
(A) acquiring or developing land;
(B) constructing or equipping a highway, road,
bridge, or facility; or
(C) carrying out other economic development
activities.
(9) Indian tribe.--The term ``Indian tribe'' has the
meaning given the term in section 4 of the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 450b).
(10) Isolated area of distress.--The term ``isolated area
of distress'' means an area located in an economically strong
county that has a high rate of poverty, unemployment, or
outmigration, as determined by the Authority.
(11) Local development district.--The term ``local
development district'' means an entity that--
(A)(i) is an economic development district that
is--
(I) in existence on the date of enactment
of this Act; and
(II) recognized by the Economic Development
Administration; and
(III) located in the region; or
(ii) if an entity described in clause (i) does not
exist--
(I) is organized and operated in a manner
that ensures broad-based community
participation and an effective opportunity for
local officials, community leaders, and the
public to contribute to the development and
implementation of programs in the region;
(II) is governed by a policy board with at
least a simple majority of members consisting
of designees or employees of a general purpose
unit of local government that have been
appointed to represent the unit of local
government or elected officials; and
(III) is certified by the Governor or
appropriate State officer as having a charter
or authority that includes the economic
development of counties, portions of counties,
or other political subdivisions within the
region; and
(B) has not, as certified by the Federal
cochairperson--
(i) inappropriately used Federal grant
funds from any Federal source; or
(ii) appointed an officer who, during the
period in which another entity inappropriately
used Federal grant funds from any Federal
source, was an officer of the other entity.
(12) Region.--The term ``region'' means--
(A) the counties of Cochise, Gila, Graham,
Greenlee, La Paz, Maricopa, Pima, Pinal, Santa Cruz,
and Yuma in the State of Arizona;
(B) the counties of Imperial, Los Angeles, Orange,
Riverside, San Bernardino, San Diego, and Ventura in
the State of California;
(C) the counties of Catron, Chaves, Dona Ana, Eddy,
Grant, Hidalgo, Lincoln, Luna, Otero, Sierra, and
Socorro in the State of New Mexico; and
(D) the counties of Atascosa, Bandera, Bee, Bexar,
Brewster, Brooks, Cameron, Coke, Concho, Crane,
Crockett, Culberson, Dimmit, Duval, Ector, Edwards, El
Paso, Frio, Gillespie, Glasscock, Hidalgo, Hudspeth,
Irion, Jeff Davis, Jim Hogg, Jim Wells, Karnes,
Kendall, Kenedy, Kerr, Kimble, Kinney, Kleberg, La
Salle, Live Oak, Loving, Mason, Maverick, McMullen,
Medina, Menard, Midland, Nueces, Pecos, Presidio,
Reagan, Real, Reeves, San Patricio, Shleicher, Sutton,
Starr, Sterling, Terrell, Tom Green, Upton, Uvalde, Val
Verde, Ward, Webb, Willacy, Wilson, Winkler, Zapata,
and Zavala in the State of Texas.
(13) Small business.--The term ``small business'' has the
meaning given the term ``small business concern'' in section
3(a) of the Small Business Act (15 U.S.C. 632(a)).
TITLE I--SOUTHWEST REGIONAL BORDER AUTHORITY
SEC. 101. MEMBERSHIP AND VOTING.
(a) Establishment.--
(1) In general.--There is established the Southwest
Regional Border Authority.
(2) Composition.--The Authority shall be composed of--
(A) a Federal member, to be appointed by the
President, by and with the advice and consent of the
Senate; and
(B) State members, who shall consist of the
Governor (or a designee of the Governor) of each State
in the region that elects to participate in the
Authority.
(3) Cochairpersons.--The Authority shall be headed by--
(A) the Federal member, who shall serve--
(i) as the Federal cochairperson; and
(ii) as a liaison between the Federal
Government and the Authority; and
(B) a State cochairperson, who shall--
(i) be a Governor of a State described in
paragraph (2)(B);
(ii) be elected by the State members for a
term of not more than 2 years; and
(iii) serve only 1 term during any 4 year
period.
(b) Alternate Members.--
(1) State alternates.--The State member of a State
described in paragraph (2)(B) may have a single alternate, who
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